Deputy firing shots at man armed with pellet gun deemed justified

LAKE COUNTY -- The District Attorney's Office found no wrongdoing from a sheriff's deputy who fired his weapon during an incident that evolved a standoff that lasted more than five hours between the suspect and police last May at Clearlake Oaks.

The DA's office found that Lake County Sheriff's Office Deputy Lyle Thomas was justified in firing his weapon at a suspect who pointed what he believed to be a firearm at him, according to a statement issued by District Attorney Don Anderson Friday afternoon.

The investigation came after the DA's office, which investigates all incidents in which a law enforcement officer fires a weapon, was not notified of the incident until the next day. The DA's office is supposed to be at the scene immediately in order to secure evidence. The idea behind the protocol is to protect officers and ensure an unbiased investigation.

The investigation stems from an incident in which multiple law enforcement agencies, including a SWAT team, responded to a home in the area of Fourth and Shaul streets on May 15, where Robert Scott Hisel allegedly led a standoff with law enforcement.

The incident started when deputy Thomas responded to the call at about 4:30 p.m. on May 15, where Hisel was allegedly firing a pellet gun shaped like an assault rifle at a woman. While Deputy Thomas was talking to the woman, the suspect allegedly came out of his residence and pointed the pellet gun at Thomas, who at the time did not know it was a pellet gun.

Hisel then allegedly fired the pellet gun at the deputy and retreated to his residence, at which point the deputy determined it was a pellet gun.

Thomas reportedly gave Hisel at least 35 commands to drop the weapon and come out without resistance.

Hisel then came out of his residence and pulled out a black handgun out of a fanny pack. Thomas reportedly ordered him to drop the weapon. The suspect then allegedly raised the weapon, and in what investigators determined was justifiable fear for his life, Thomas fired five shots at the suspect.

The suspect then retreated into his home where he stayed until he was arrested without incident at about 10:45 p.m.

Authorities found two grenades in the property days after the standoff.

With the cooperation of the investigators and patrolmen of the Sheriff's Department and a follow up investigation, the DA's office gathered compelling physical evidence to make a determination in the case, Anderson stated.